Departments Wouldn't Be Able To Search Without Warrants Under Kunse, Prestin Bills

(Source: MIRS.news, Published 09/17/2025) Reps. Tom Kunse (R-Clare) and Dave Prestin (R-Cedar River) would like to end the Department of Environment, Great Lakes and Energy (EGLE) and Department of Natural Resources (DNR) from being able to search or inspect private property without a warrant or permission from the property owner.

Kunse said in the House Natural Resources & Tourism Committee Wednesday that his HB 4421 would enshrine the Fourth Amendment in its application to EGLE, which protects against searches without warrants or exigent circumstances.

“They can still investigate, they can still do all their duties, but they have to follow the rules and go before the judicial branch before they come on private property,” Kunse said.

Seal of the Department of Natural Resources

Last term, Rep. Greg Markkanen (R-Hancock) spearheaded the same issue, which has to do with the open fields doctrine that comes from U.S. Supreme Court case Hester v. United States, which is the principle that open fields are not protected by the Fourth Amendment.

Rep. David Martin (R-Davison) said the open fields doctrine had nothing to do with wildlife management at its introduction. He cited Article I, Section XI for the definition of “possessions” and what the Fourth Amendment protects.

“Private property is a big thing. It’s a founding principle,” Martin said.

Similar to how law enforcement wouldn’t need a warrant if there are urgent, emergency situations, EGLE or DNR could get away without having permission or a warrant if they were able to argue there were exigent circumstances like an upriver contamination or spill, Kunse said.

Kunse said it’s not his intent to impede EGLE’s ability to monitor land for the health and safety of the public.

Rep. Tonya Myers Phillips (D-Detroit) expressed concern that if there is a balance to be struck between the public stewardship offered by conservation officers trying to preserve land and the rights to privacy of a landowner, she thinks this bill errs more toward the former, and is based on isolated incidents.

“(It’s) not giving enough attention to the public stewardship and the public safety component of this,” Myers-Phillips said.

Kunse said he thinks things have gone too far if conservation officers could come onto property without notice.

“All I’m asking is, you should have to get a search warrant, go before a judge,” Kunse said.

At the beginning of his testimony, Kunse said he was supposed to have a small family farmer and a contractor with him to testify, but they decided not to out of fear of reprisal.

“It absolutely upsets me, because we’re in a public meeting. It upsets me greatly that we have constituents, and we have citizens that are afraid of their government,” Kunse said.